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| Alleging torture Ex-MLA lodges FIR against son | | HC directs SHO P/S Peer Mitha to produce CD file | | Early Times Report
Jammu, Aug 10: Justice Rajnesh Oswal of High Court of Jammu-Kashmir and Ladakh has directed SHO P/S Pir Mitha, Jammu to produce CD file of case FIR No.64/2017 under Section 452/506 RPC registered at P/S Pir Mitha, Jammu against Mohammad Usman Salaria who is an Advocate by profession.
After hearing Advocate Ajay Sharma appearing for the petitioner Mohd. Usman Salaria, Justice Rajnesh Oswal directed that perusal of order dated November, 10, 2017 reveals that SHO P/S Pir Mitha, Jammu was directed to produce CD file before this Court but till date the needful has not been done. The Court further directed that the SHO P/S Pir Mitha, Jammu shall positively comply with the order dated November, 10, 2017 by the next date of hearing.
The petitioner Mohd. Usman Salaria on November, 8, 2017 filed a petition seeking quashment of FIR No.64/2017 under Section 452/506 RPC lodged on the complaint of his mother Zubaida Salaria Ex-MLA NC wife of Late S.A. Salaria R/o H.No.201, Mohalla Dalpatian, Jammu. In the FIR, it is alleged by Zubaida Salaria that her son Mohd. Usman Salaria resides at Bathindi and has become a source of constant harassment and fear ever since her husband Ex-MP Ch. S.A. Salaria has passed away. The FIR further says that on October, 12, 2017 at about 04:25 PM, her son trespassed into her private portion of H.No.201, Mohalla Dalpatian, Jammu and banged the doors and threw away many things in her bedroom and became violent, harassing her mentally and verbally with a view to force her to vacate the area where she is staying alongwith her younger daughter. The FIR further says that she is 81 years old and suffering from many health ailments and there is threat to her life and her son is looking for her various documents including bank documents. It is worthwhile to mention herein that SHO P/S Pir Mitha has already filed an application through Senior AAG S.S. Nanda sought vacation of the interim order dated November, 10, 2017 whereby SHO P/S Pir Mitha Jammu was directed not to file challan against the petitioner till next date before the Bench. In the said application, the Police has submitted the investigation against Mohd. Usman Salaria in case FIR No.64/2017 is almost complete in all respects but due to the interim order dated November, 10, 2017, the challan/charge sheet could not be filed in the Court of law. Besides this, a detailed status report has also been filed by the SHO P/S Pir Mitha Jammu seeking vacation of the interim directions.
Advocate Mandeep Reen has also filed objections on behalf of the complainant Zubaida Salaria Ex-MLA wherein she has supported the contents of FIR and has sought the vacation of the interim directions. It is further stated in the objections that the son of the complainant Mohd. Usman Salaria has misused her pre-signed blank letterhead pages and she has written to the SHO P/S Pir Mitha regarding the same and she has never written any letter to the said SHO for withdrawal of the FIR lodged against her son.
Looking into the seriousness of the matter, Justice Rajnesh Oswal directed the Registry to list this matter on August, 24, 2021 and further extended the interim direction, if any, till the next date of hearing. (JNF) |
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